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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING
Regular Panel Decision

Sedona Pacific Housing Partnership D/B/A Sedona Pacific Properties and Gonzalez Financial Holdings, Inc. v. Alfonso Ventura and Maria Ventura

Alfonso and Maria Ventura filed a wrongful foreclosure suit against Sedona Pacific Housing Partnership d/b/a Sedona Pacific Properties and Gonzalez Financial Holdings, Inc. after their homestead was sold due to an unpaid tax lien note. The Venturas alleged the appellants failed to properly account for surplus funds and raised additional claims of fraud, usury, and failure to account. Appellants, despite being served and making a general appearance through a Rule 11 agreement, failed to file an answer and did not appear for trial, leading to a post-appearance default judgment against them for $66,958 plus attorney's fees. Appellants' motion for a new trial was denied by the trial court. The appellate court affirmed the trial court's decision, finding that Appellants failed to prove their absence was not due to conscious indifference and that the record supported the damages award.

Wrongful ForeclosureDefault JudgmentPost-Appearance DefaultMotion for New TrialConscious IndifferenceMeritorious DefenseRule 11 AgreementDue ProcessAppellate ProcedureDamages
References
24
Case No. MISSING
Regular Panel Decision

Misirlakis v. East Coast Entertainment Properties, Inc.

The plaintiff, George Misirlakis, was injured while attempting to re-enter a building via a fire escape from a dumpster after forgetting his keys, resulting in a fall when a rung collapsed. He and his wife, Vasilia Misirlakis, initiated a lawsuit against East Coast Entertainment Properties, Inc. (building owner) and Mast Enterprises, Inc. (lessee), asserting claims under Labor Law §§ 200, 240, and 241 (6), along with common-law negligence. The Supreme Court granted the defendants' cross-motion for summary judgment, dismissing the complaint, and denied the plaintiffs' motion for summary judgment on liability. The appellate court affirmed this decision, concluding that the plaintiff's "unnecessary and unforeseeable act of climbing onto the dumpster and ascending the fire escape" constituted the sole and superseding proximate cause of his injuries, thereby absolving the defendants of liability.

Fire Escape AccidentDemolition Work InjuryLabor Law Section 200Labor Law Section 240Labor Law Section 241(6)Common-Law NegligenceSummary JudgmentProximate CauseSuperseding CauseUnforeseeable Act
References
2
Case No. NO. 09-03-109 CV
Regular Panel Decision
Jun 26, 2003

in Re Louisiana-Pacific Corporation

This case concerns a mandamus proceeding in the Ninth District of Texas at Beaumont. Mario Gonzales, Sr. sued Louisiana-Pacific Corporation for negligence in Jefferson County. Louisiana-Pacific argued that Gonzales was a borrowed employee, making workers' compensation benefits his exclusive remedy, and sought to abate the negligence lawsuit. The Texas Workers' Compensation Commission ruled against Louisiana-Pacific, a decision it appealed to the Hardin County district court. The Court of Appeals determined that the Jefferson County trial court abused its discretion by denying Louisiana-Pacific's motion to abate the negligence action. The court reasoned that allowing the negligence suit to proceed before the resolution of the compensation appeal in Hardin County would bypass the statutory scheme for workers' compensation issues, leading to uncertainty, conflicting results, and duplicative expenditure of resources. The writ of mandamus was conditionally granted, requiring the trial court to abate the case until the compensation issue is resolved in Hardin County.

Borrowed Employee DoctrineAbatement of ProceedingsMandamus ReliefExclusive RemedyJudicial ReviewPrimary JurisdictionVenue DisputeNegligence ActionAppellate ProcedureInterlocutory Appeal
References
21
Case No. MISSING
Regular Panel Decision

Pacific Employers Insurance Co. v. Reynolds

Michael Reynolds suffered a work-related injury and received compensation benefits from his employer's insurer, Pacific Employers Insurance Company. Pacific later terminated benefits, arguing Reynolds failed to file a timely claim. The Texas Workers' Compensation Commission's Appeals Panel affirmed in part and remanded the 'good cause' issue. Pacific then sought judicial review in district court before a final administrative decision. The Appeals Panel subsequently absolved Pacific of liability. Both parties moved for summary judgment, which the trial court granted in favor of Reynolds. On appeal, the court found the trial court lacked subject matter jurisdiction because Pacific had not exhausted administrative remedies and Reynolds failed to serve the TWCC with his counterclaim. The appellate court therefore vacated the trial court's judgment and dismissed the suit.

JurisdictionAdministrative RemediesWorkers' CompensationJudicial ReviewAppeals PanelSubject Matter JurisdictionService RequirementsExhaustion of RemediesTimeliness of ClaimGood Cause
References
1
Case No. MISSING
Regular Panel Decision
Jun 20, 2005

Hageman v. B & G Building Services, LLC

The plaintiff, injured during demolition work at a Home Depot store, initially sued Home Depot, and later commenced an action against B & G Building Services, LLC (Building) for personal injuries. Building cross-moved for summary judgment, asserting that it was the plaintiff's employer and that the action was barred by Workers' Compensation Law due to an alter ego or joint venturer relationship with the plaintiff's direct employers, the Electrical corporations. The Supreme Court granted Building's cross-motion, dismissing the complaint. On appeal, the order was reversed; the appellate court determined that Building failed to provide sufficient proof to establish an alter ego or joint venturer relationship, which would legally prevent the plaintiff from proceeding with the personal injury action under the Workers' Compensation Law exclusivity provisions.

Personal InjuryWorkers' Compensation ExclusivitySummary JudgmentAlter Ego DoctrineJoint VentureEmployer LiabilityDemolition AccidentAppellate ReviewNassau CountyConstruction Injury
References
9
Case No. 3-91-335-CV
Regular Panel Decision
Jul 01, 1992

PACIFIC INDEM. INS. v. Liberty Mut. Ins.

Pacific Indemnity Insurance Company (Pacific Indemnity) paid workers' compensation benefits to Vidal Lopez. Pacific Indemnity then sued Liberty Mutual Insurance Company (Liberty Mutual) for reimbursement without first seeking relief from the Industrial Accident Board (IAB). The trial court granted summary judgment in favor of Liberty Mutual because Pacific Indemnity failed to exhaust its administrative remedies. The Court of Appeals of Texas, Austin, affirmed the trial court's decision, concluding that the IAB had exclusive jurisdiction and Pacific Indemnity's failure to obtain an IAB ruling on the reimbursement issue barred the lawsuit.

Workers' CompensationAdministrative RemediesExhaustion DoctrineInsurance ReimbursementIndustrial Accident BoardSummary JudgmentTexas Workers' Compensation ActAppellate CourtJurisdictional DisputeCarrier Dispute
References
3
Case No. 14-0901
Regular Panel Decision
Jun 24, 2016

Union Pacific Railroad Company v. William Nami

William Nami, a Union Pacific Railroad employee, contracted West Nile virus from a mosquito bite while working in Brazoria County, Texas. He sued Union Pacific under the Federal Employers’ Liability Act (FELA), alleging negligence for failing to provide a reasonably safe workplace. The jury found Union Pacific 80% responsible, and the trial court awarded Nami damages, which the court of appeals affirmed. On review, the Supreme Court of Texas considered the common-law doctrine of ferae naturae, which limits a property owner's liability for harm from indigenous wild animals unless the owner reduces them to possession, attracts them, or knows of an unreasonable risk. The Court concluded that Union Pacific did not meet these conditions, as it did not attract mosquitoes, could not control them, and the risk of serious infection was not unreasonable, thus precluding liability under FELA. The Supreme Court reversed the judgment of the court of appeals and rendered judgment for Union Pacific.

FELAFerae NaturaeWest Nile VirusMosquito BitesWorkplace SafetyEmployer LiabilityCommon Law NegligenceCausationIndigenous AnimalsForeseeability
References
32
Case No. 04-07-00859-CV
Regular Panel Decision
Apr 29, 2009

Pacific Employers Insurance Company v. Bill Hibdon

This case concerns an appeal regarding a workers' compensation claim where Pacific Employers Insurance Company (Pacific) contested the compensability of an injury claimed by Bill Hibdon. The core issue was whether Pacific had waived its right to contest compensability by allegedly failing to timely send notice of refusal to pay benefits to Hibdon, as required by the version of Texas Labor Code § 409.021(a) in effect at the time. The trial court affirmed an appeals panel decision, concluding Pacific had waived its right due to Hibdon's non-receipt of timely notice. However, citing Sw. Bell Tel. v. Mitchell, the appellate court determined that failure to send or receive notice within the statutory seven-day period does not constitute a waiver of the insurer's right to contest compensability. Consequently, the court reversed the trial court's judgment and rendered judgment in favor of Pacific, holding it did not waive its right.

Workers' CompensationWaiverInsurance CarrierNotice of RefusalCompensabilityTexas Labor CodeStatutory InterpretationAppellate ReviewJudicial PrecedentReversal
References
5
Case No. 13-19-00211-CV
Regular Panel Decision
Mar 25, 2021

Guadalupe Mariscal v. McCarthy Building Companies, Inc. and the Brandt Companies, LLC

Guadalupe Mariscal appealed the trial court's grant of summary judgment in favor of McCarthy Building Companies, Inc. and The Brandt Companies, LLC. Mariscal, an employee of Emerald Coast Cleaners, was injured on a construction project and received workers' compensation benefits. He subsequently sued McCarthy and Brandt for negligence. The appellees argued for an exclusive remedy defense under the Texas Workers’ Compensation Act (TWCA) because all parties were covered by an Owner Controlled Insurance Program (OCIP). The appellate court affirmed the trial court's judgment, concluding that McCarthy, as a general contractor, effectively 'provided' workers' compensation insurance through the OCIP, thus extending the exclusive remedy defense to all tiers of contractors and barring Mariscal's claims.

Workers' CompensationExclusive RemedySummary JudgmentOwner Controlled Insurance Program (OCIP)SubcontractorGeneral ContractorTexas Labor CodeNegligenceAppellate CourtConstruction Injury
References
33
Case No. MISSING
Regular Panel Decision

Fioranelli v. News Building Corp.

Anthony Fioranelli sued News Building Corporation for injuries sustained during employment. The defendant sought dismissal, arguing that Workers' Compensation was the exclusive remedy because News Building Corporation was effectively the plaintiff's employer, New York News, Inc., due to corporate merger. Prior motions to dismiss on these grounds were denied on procedural issues. This court, however, found that New York News, Inc. was indeed the building's owner at the time of the accident under Business Corporation Law § 906(b)(2). Consequently, the court ruled that Workers' Compensation Law § 11 provided the plaintiff's sole remedy, dismissing the action against the defendant.

Workers' Compensation exclusivityCorporate mergerBuilding ownershipCPLR dismissal motionLaw of the Case doctrineBusiness Corporation LawEmployer liabilityPersonal injury claimProcedural lawSubstantive law
References
5
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